33 F.3d 53 (4th Cir. 1994), 93-5537, U.S. v. Anjum

Docket Nº:93-5537, 93-5538.
Citation:33 F.3d 53
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Fayaz ANJUM, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Noor AHMAD, Defendant-Appellant.
Case Date:August 10, 1994
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 53

33 F.3d 53 (4th Cir. 1994)

UNITED STATES of America, Plaintiff-Appellee,

v.

Fayaz ANJUM, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

Noor AHMAD, Defendant-Appellant.

Nos. 93-5537, 93-5538.

United States Court of Appeals, Fourth Circuit

August 10, 1994

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Argued: June 10, 1994.

Appeals from the United States District Court for the District of Maryland, at Baltimore. Herbert N. Maletz, Senior Judge, sitting by designation. (CR-92-96)

David Warren Lease, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Maryland, for Appellant Anjum;

Isaac Joe, Jr., Baltimore, Maryland, for Appellant Ahmad.

Katherine Jacobs Armentrout, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Lawrence S. Greenwald, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Maryland, for Appellant Anjum.

Lynne A. Battaglia, United States Attorney, Jan Paul Miller, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

D.Md.

AFFIRMED.

Before WILKINSON and NIEMEYER, Circuit Judges, and WILLIAMS, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

PER CURIAM:

Appellants in this case challenge their convictions for conspiracy to import and distribute heroin in violation of 21 U.S.C. §§ 846 and 963. Appellants' primary contention is that the government failed to present sufficient evidence to support the jury's findings of guilt. Because the jury's verdicts were supported by substantial evidence, however, we reject appellants' claims and affirm their convictions.

I.

During his incarceration in a federal prison facility, inmate Afsar Khan met fellow inmate Khalid Khan. Their conversations in prison led Afsar Khan to believe that Khalid Khan was involved in ongoing heroin importation. In July 1991, after his release from prison, Afsar Khan notified Special Agent Dennis Bass of the U.S. Customs Service of his suspicions. SA Bass instructed Afsar Khan to contact Khalid Khan, who by then had been released from jail and was residing in Peshawar, Pakistan. Although Khalid Khan initially denied any involvement in the drug business, he later telephoned Afsar Khan to discuss a proposed drug transaction.

On August 22, 1991, Khalid Khan informed Afsar Khan that approximately 1.235 kilograms of heroin had been imported into the United States, and that the first kilogram of this amount would sell for $100,000. Khalid Khan instructed Afsar Khan to contact Khalid Khan's courier and to pay him $15,000 upon receiving the heroin. Afsar Khan was to pay the remaining $85,000 to Khawaja Arshad in New York, to whom he was to identify himself as "Mr. Durrani's man; care of Tariq Saraf Peshawar." On August 26, 1991, Afsar Khan and SA Bass, acting in an undercover capacity, met with two couriers in Baltimore. The couriers delivered more than a kilogram of heroin, 1 and informed SA Bass that they had personally imported it from Pakistan. SA Bass then delivered the $15,000 to the couriers.

Following that meeting, Afsar Khan and SA Bass contacted Khawaja Arshad to arrange for payment of the remaining $85,000. Arshad, however, refused to come to Baltimore to pick up the money. On September 4, 1991, Afsar Khan received a telephone message from appellant Fayaz Anjum, who subsequently stated that he was in Los Angeles and would travel to Baltimore to pick up the $85,000 for Khalid Khan. Anjum requested that payment be made in "big bills." Afsar Khan later telephoned Anjum and stated that he would await Khalid Khan's instructions. Afsar Khan also stated that the money was "drug money." When Afsar Khan called Khalid Khan in Pakistan, Khalid Khan instructed him to pay the money to Anjum. Khalid Khan assured Afsar Khan that individuals working with him in Pakistan knew Anjum.

On September 5, 1991, Anjum travelled to Baltimore and met with Afsar Khan. Afsar Khan delivered the $85,000 to Anjum, who counted the money and complained that it was not in large bills. Anjum wrote out and signed a receipt for Afsar Khan. As part of a pre-arranged ruse, however, a Baltimore police officer drove up to the scene and asked for permission to search the car. Afsar Khan granted the permission, the money was discovered, and both men denied any knowledge of the money. Police confiscated the $85,000 after dogs detected the presence of drugs on the bills, but neither man was arrested. After the police left, Afsar Khan returned the receipt to Anjum.

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